(a)Any act of transacting an insurance business
as set forth in section 2 of this chapter by any unauthorized insurer is
equivalent to and shall constitute an irrevocable appointment by such
insurer, binding upon him, his executor or administrator, or successor
in interest if a corporation, of the secretary of state or his successor in
office, to be the true and lawful attorney of such insurer upon whom
may be served all lawful process in any action, suit, or proceeding in
any court by the commissioner of insurance or by the state and upon
whom may be served any notice, order, pleading, or process in any
proceeding before the commissioner of insurance and which arises out
of transacting an insurance business in this state by such insurer. Any
act of transacting an insurance business in th
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(a) Any act of transacting an insurance business
as set forth in section 2 of this chapter by any unauthorized insurer is
equivalent to and shall constitute an irrevocable appointment by such
insurer, binding upon him, his executor or administrator, or successor
in interest if a corporation, of the secretary of state or his successor in
office, to be the true and lawful attorney of such insurer upon whom
may be served all lawful process in any action, suit, or proceeding in
any court by the commissioner of insurance or by the state and upon
whom may be served any notice, order, pleading, or process in any
proceeding before the commissioner of insurance and which arises out
of transacting an insurance business in this state by such insurer. Any
act of transacting an insurance business in this state by any
unauthorized insurer shall be signification of its agreement that any
such lawful process in such court action, suit, or proceeding and any
such notice, order, pleading, or process in such administrative
proceeding before the commissioner of insurance so served shall be of
the same legal force and validity as personal service of process in this
state upon such insurer.
(b) Service of process in such action shall be made by delivering to
and leaving with the secretary of state, or some person in apparent
charge of his office, two (2) copies thereof and by payment to the
secretary of state of the fee prescribed by law. Service upon the
secretary of state as such attorney shall be service upon the principal.
(c) The secretary of state shall forthwith forward by certified mail
one (1) of the copies of such process or such notice, order, pleading, or
process in proceedings before the commissioner to the defendant in
such court proceeding or to whom the notice, order, pleading, or
process in such administrative proceeding is addressed or directed at
its last known principal place of business and shall keep a record of all
process so served on him which shall show the day and hour of service.
Such service is sufficient, provided:
(1) notice of such service and a copy of the court process or the
notice, order, pleading, or process in such administrative
proceeding are sent within ten (10) days thereafter by certified
mail by the plaintiff or the plaintiff's attorney in the court
proceeding or by the commissioner of insurance in the
administrative proceeding to the defendant in the court
proceeding or to whom the notice, order, pleading, or process in
such administrative proceeding is addressed or directed at the last
known place of business of the defendant in the court or
administrative proceeding; and
(2) the defendant's receipt or receipts issued by the post office
with which the letter is registered, showing the name of the sender
of the letter and the name and address of the person or insurer to
whom the letter is addressed, and an affidavit of the plaintiff or
the plaintiff's attorney in court proceeding or of the commissioner
of insurance in administrative proceeding, showing compliance
therewith are filed with the clerk of the court in which such
action, suit, or proceeding is pending or with the commissioner in
administrative proceedings, on or before the date the defendant in
the court or administrative proceeding is required to appear or
respond thereto, or within such further time as the court or
commissioner of insurance may allow.
(d) No plaintiff shall be entitled to a judgment or a determination by
default in any court or administrative proceeding in which court
process or notice, order, pleading, or process in proceedings before the
commissioner of insurance is served under this section until the
expiration of forty-five (45) days from the date of filing of the affidavit
of compliance.
(e) Nothing in this section shall limit or affect the right to serve any
process, notice, order, or demand upon any person or insurer in any
other manner permitted by law.
Formerly: Acts 1969, c.194, s.4; Acts 1971, P.L.1, SEC.10. As
amended by P.L.252-1985, SEC.167.